DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5364)

LINDORES CONSTRUCTION LOGISTICS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JUNE 2021

Application for approval of the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Lindores Construction Logistics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was proposed for the period 2020 to 2022 and encompassed various terms and conditions of employment for the workers covered by the agreement. The dispute centred on whether the agreement complied with the relevant legislative provisions, particularly those concerning the provision of terms and conditions that were fair and reasonable.

The legal issues that the Fair Work Commission had to address included whether the proposed agreement provided for terms and conditions that were fair and reasonable within the meaning of the Fair Work Act. This involved an assessment of whether the agreement met the requirements for ensuring fairness and reasonableness, which included considerations of minimum standards of employment, the preservation of workers' rights, and the promotion of productive and harmonious workplace relations. The Commission also needed to consider whether any terms in the agreement unduly restricted the ability of the workers to exercise their rights or provided for terms that were otherwise contrary to public policy.

In delivering its decision, the Commission examined each term of the agreement in light of the statutory criteria for approval. The Commission found that the agreement contained terms that were fair and reasonable, taking into account the broader context of the industry and the specific circumstances of the employer and employees. The Commission acknowledged the importance of the agreement in providing a stable and predictable framework for the workplace and recognised the contributions of both parties in negotiating the terms. After careful consideration of the evidence and submissions, the Commission approved the collective agreement, confirming that it met the necessary legislative standards and was in the best interests of the workers and the employer.

The final orders of the Commission were to approve the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, subject to the terms and conditions set out in the decision. The Commission directed that the agreement would be registered and would have effect as a registered agreement under the Fair Work Act. The approval was effective from the date of the decision, providing a clear and certain framework for the employment relationship between the parties for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established